世界银行-在脆弱环境中增加诉诸司法的机会（英）-2023-49页_5mb

报告摘要

报告分析总结：Increasing Access to Justice in Fragile Settings

GOVERNANCE

This report, produced by the World Bank, examines access to justice in fragile and conflict-affected settings (FCS), which are expected to house more than half of the world's extreme poor by 2030. Access to justice is crucial for the rule of law and economic development.

Executive Summary

Legal systems in FCS often lack independence, suffer from high corruption, and face systemic issues.
A holistic definition of access to justice includes three dimensions: legal framework, efficiency, and fairness.
Solutions include establishing transitional justice processes, reviewing legal frameworks, engaging non-state actors, broadening justice delivery, and leveraging technology.
Policy implications highlight sequencing reforms based on country fragility, inclusivity, context-specific assessments, and harmonious development with existing dispute mechanisms.

Introduction

Between 2010 and 2023, 59 countries have been classified as FCS, with 37 included in the 2023 list. Countries like Afghanistan, Sudan, and Myanmar score low on rule of law indices, while corruption is prevalent. Access to justice deficits hinder recovery and peacebuilding in these contexts.

Barriers to Access to Justice

Access to justice faces three primary barriers:

1. Legal Framework

Legal voids deny fundamental rights; discriminatory laws and social norms (especially against women) limit access.
Countries like Eswatini fail to achieve gender equality in legal statutes.
Legal procedures are often unclear, and access to national laws is limited, discouraging citizens from seeking help.

2. Efficiency

Financial constraints prevent access to legal services in many FCS.
Limited legal aid availability exacerbates costs, especially in rural areas.
Government capacity challenges reduce service delivery, as seen in Myanmar, Afghanistan, and others.

3. Fairness

UN data shows women face broader obstacles in accessing justice compared to other lower-income countries.
Special groups, including minorities, indigenous populations, and rural communities, are disproportionately affected.
Legal pluralism increases the risk of women sustaining further harm due to inflexible justice systems.

Solutions to Improve Access to Justice

This report outlines eight strategies for enhancing access to justice:

Transitional Justice
Legal Framework Review
Non-State Actors Engagement
Broaden Reach Through ADR and Small Claims
Awareness Campaigns
Reduce Costs
Geographical Barriers
Leveraging ICT

Key Case Examples

Transitional Justice: Rwanda’s Gacaca courts achieved reconciliation and truth-seeking post-genocide.
Legal Framework: Haiti and Iraq updated criminal codes and legal aid laws.
Customary Justice: Liberia, Timor-Leste, and Sierre Leone integrate traditional systems legally.

Policy Implications

Interventions should be tailored to the specific level of fragility of FCS countries.
Contextual analysis and stocktaking of justice actors are critical to designing effective reforms.
Integration of formal and customary systems can enhance fairness and efficiency.
Post-conflict justice priorities focus on transitional processes, but attention must expand to gender and minority needs.

Conclusion

Improving access to justice in FCS aligns justice delivery with equity, efficiency, and fairness. Doing so protects citizens, underpins peace, and supports development goals in resilient institutions.